James P. Chou focuses on complex commercial, white collar criminal defense and bankruptcy litigation for private equity funds, hedge funds, major financial institutions and multinational corporations. Mr. Chou regularly advises and represents leading investment fund clients and their portfolio companies in managing and assessing their litigation risks with regard to their investments and related transactions, as well as in proceedings, including trials, before various courts and tribunals.

Mr. Chou’s significant representations include—

• representation of a major investment fund client in a civil RICO action involving the former CEO of interrelated telecommunications and media companies located in the Caribbean islands
• representation of the claims agent of a reorganized multinational semiconductor company in a bankruptcy adversary proceeding against a former Japanese subsidiary asserting a $1 billion claim for breach of contract, resulting in a favorable settlement at a significantly reduced claim value
• representation of a group of senior secured noteholders of a leading semiconductor company in a chapter 11 contested confirmation trial resulting in the court’s adoption of the noteholders’ valuation and successful reorganization of the company
• representation of an investment fund in action alleging covenant breach of $400 million credit facility and involving dispute over appointment of agent for lender syndicate
• representation of the CFO of a publicly traded company in audit committee and SEC investigations into alleged earnings management practices, resulting in exoneration of client
• representation of the manager of a major hedge fund client in NYAG and SEC investigations into alleged stock manipulation
• representation of a private equity fund in 10(b)(5) securities action involving alleged failure to disclose side agreement for option to purchase additional shares of preferred stock, resulting in voluntary withdrawal of case
• representation of major financial institutions against fraud and alter ego claims brought by liquidating trust premised on allegedly false financial disclosures, resulting in dismissal with prejudice
• representation of a publicly traded media company in all aspects of regulatory and internal investigations of alleged pay-for play practices, including management of fact investigation, witness interviews, counseling client on company policies and practices and preparation for presentation to regulatory agency
• representation of Web-based technology client and individual officers and employees against trade secrets and Computer Fraud and Abuse Act claims, resulting in high-profile sanctions decision after multiday trial
• representation of a multinational electronics company in trademark infringement case involving the unauthorized sale of gray-market goods in the United States
• representation of a corporate trade company in trade secrets and breach of fiduciary duty litigation against former employee involving proprietary pricing information, methodologies and formulas
• representation of a prominent Internet service provider against class action under Fair Labor Standards Act brought on behalf of “volunteers” claiming $20 million in back pay for work in building and hosting online virtual communities
• representation of a developer and provider of Internet-based brokerage software products against claims brought by industry leader of electronic back-office brokerage processing systems for breach of contract, tortious interference and misappropriation of trade secrets, resulting in voluntary withdrawal of complaint
• representation of a multimedia content provider in litigations against franchisee of affiliated company, alleging breach of franchise agreement and harm to franchisee brand and reputation
• representation of a multinational electronics company in four-week arbitration against breach of contract claim involving allegedly defective laptop computers.

In addition to commercial litigation work, Mr. Chou served as pro bono counsel for the New York County Democratic Committee in Lopez Torres v. New York State Board of Elections, a First Amendment associational rights case involving the constitutionality of New York’s convention system for nominating judicial candidates for the state’s Supreme Court, which was profiled in the New York Law Journal as one of the “Top Ten Cases of 2004.” In connection with the case, he tried a multiday evidentiary hearing before the United States District Court for the Eastern District of New York and was integrally involved in appeals to the 2nd Circuit and the United States Supreme Court, which rendered a unanimous decision upholding the convention system in January 2008.

In 2005, he was appointed to chair the Democratic Committee’s Independent Judicial Screening Panel for Civil Court and Surrogate Court positions.

Mr. Chou is past president of the Asian American Bar Association of New York (AABANY) and currently serves as a co-chair of the association’s Judiciary Committee, which identifies, screens and supports judicial candidates for local, state and federal courts. Mr. Chou also served on the board of the National Asian Pacific American Bar Association (NAPABA) as its Northeast Regional Governor from 2007-2009 and was a recipient of the 2008 NAPABA Best Lawyers Under 40 Award.

He frequently speaks and writes on diversity-related issues and topics.  Recent publications and presentations include—

• panelist for CLE titled “Do the Right Thing: Networking, Mentoring, Business and Leadership Development for the Diverse Attorney – Challenges and Best Practices,”  New York State Bar Association Annual Meeting, January 24, 2011
• panelist for the MetLife Diversity Roundtable Discussion, “Why Choose Diverse Bar Associations in Tough Economic Times?”, December 9, 2009
• “Progress Made, Hard Work Continues,” New York Law Journal, May 1, 2009
• panelist for CLE titled “Crossing the Line: the Bounds of Zealous Advocacy,” NAPABA Convention, November 12, 2008
• panelist addressing judicial selection methods in New York State at forum sponsored by Puerto Rican Bar Association, October 23, 2007.

Mr. Chou received his B.A. magna cum laude in 1993 from New York University, where he was elected to Phi Beta Kappa, and his J.D. in 1996 from the Georgetown University Law Center, where he was a member of the Journal of Legal Ethics.

He is a member of the New York and New Jersey bars and is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the 2nd and 3rd circuits and the United States District Courts for the Southern and Eastern districts of New York.